HomeMy WebLinkAboutCouncil.Minutes.02-20-1995.Special 149
Proceedings of the City Councit, City of Cape Girardeau, Mo.
Special SeSSIOfI February 20 1 g 95
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SPECIAL 5ESSION - FEBRUARY 20, 1995
Council convened in special session on Monday, February 20, 1995, at 5:00 p.m. with
Mayor Al Spradling III presiding and Council Members Richard Eggimann, Melvin
Gateley, Melvin Kasten, Tom Neumeyer, Jack Rickard and JJ Williamson present.
Mayor Spradling stated that the purpose of the meeting is to review proposed regulations
of adult entertainment businesses in the city.
Warren Wells, City Attorney, gave background information on this issue, includtng
regulations established by other cities, legislation, and secondary effects. The community
can deal with secondary effects by regulating the time, place and manner of the activity,
including establishing a zone for adult cabarets, requiring separate business licenses,
prohibiting physical contact, prohibiting tips, requiring elevated stages for the
performers, and requiring a distance between performers and patrons.
Mayor Spradling stated he felt the ordinance from the City of Gladstone was very
comprehensive and would fit many of the needs in Cape. However, he was not in favor
of licensing the businesses.
Mr. Gateley stated the Blue Springs ordinance was also a good example. He distributed
information regarding regulation of live performances, a copy of which is attached hereto
and made a part of these minutes (E�ibit A).
Mr. Eggimann stated the city needs a restrictive ordinance stating what the businesses
can and cannot do. He preferred licensing the businesses, requiring that the stage be
raised, and that there be a minimum distance between performers and patrons.
Mr. Rickard stated he preferred the Scott City ordinance. He questioned whether private
clubs can be regulated for this type of activity. Mr. Wells responded that gambling laws
would apply to them; however, he would have to research whether or not nudity laws
would also apply to them. Mr. Rickard stated he was not in favor of having a designated
zone for these types of businesses; it would not be good for the city to have all these
businesses grouped together.
It was the consensus of the Council to use the Gladstone ordinance as a guideline for a
proposed ordinance for the City of Cape, and they reviewed the ordinance section by
section and made changes as follows:
Section 4. License Required for Adult Business. Existing businesses would not be
required to be licensed until July l, 1995.
Section 6. License, Classification and Fees. City staff would make a recommendation
for the fees. Fees should cover staff time and any expenses involved in processing the
application.
150
Proceedings of the City Council, City of Cape Girardeau, Mo.
Special $@SSIOfI February 20 19 95
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Section 8. License Application.
A. Adult Business License. Council discussed the necessity for fingerprints and a
photograph of the applicant. Consensus was to leave this requirement in.
C. Facilities Necessary. The appropriate inspection officials should be included in
this section.
Section 10. License - Ineligibility & Disqualification. The adult business shall be
located at least 1000' away from any residentially zoned property.
Section 11. Standards of Conduct. Include that patrons must stay at least 10' from
performers, and the stage must be elevated at least 2'. A box for tipping will not be
located on or near the performance stage. The hours of operation shall be consistent
with the State liquor control laws.
Discussion followed regarding security guards on the premises. Police Chief Howard
Boyd stated that the Police Department keeps records of how many times they are called
to a business, and this information will appear on their liquor license application.
Section 15. Suspension, Revocation, or Non-Renewal - License. Change City Clerk to
City Manager.
Section 16. Renewal. The submittal dates for renewal applications shall be consistent
with the present renewal applications for liquor licenses.
Section 19. Regulations. This section is to be deleted.
Amendments: The amendments approved by the City of Gladstone should also be
included in the proposed ordinance.
It was the consensus of the City Council that the first reading of a proposed ordinance
be placed on the March 6 agenda for consideration.
There being no further business, the meeting adjourned upon Mr. Eggimann's motion,
Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
.
A. . Sprad mg III, Mayor
Gayle L. Conrad, Deputy City Clerk
Exhibit A
February 20, 1995
151
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Cape Girardeau, Af0
Live Performances
Regulatin� Adult entertainment as reoards to: 1) Obscenity and Re-
� lated Offenses, 2) �;udity or Semi-1`iudity and 3) Lewdness. P.e�ulate by:
1) Revision of Preseiit Ordinances (Cliapter 17 of code) , 2) Revision of
Zoning Ordinaiices and 3) Enactrsent of New Ordinances.
1. Licensing Ordinance/Erotic Dance -- (Blue Springs, Scott City, Glaclstone)
• Fees
• Distant-10� (Dancer/Observer)
e Stage Height
• Record Check of Owner/Employees
e Other
2. Adult Cabarets - Section 573.500 RSMO
e Background Check
e rtinimum Age Li�it for Admission
e Security Personnel
�► Random Drug Testing of Bmgloyees
• Ten Feet Distant of Anyone Observing
3. Zoning Ordinance
• Schools
. Churches
• Residential
s Other
4. Work Closely with other Regulatory Aeencies
A. i�issouri llivision of Liquor Control
Reoulation - 11 CSR 70-2.130
• (13) Improper Acts
• (14) Lewdness
5. Support Establisned Eusinesses
�� :
• Parking Violations
� Other